Los Angeles daily herald., 1887-07-14
The Formation of New states.

The Formation of New states.
Our correspondent, LEX" returns
to his legal exposition of the way in
which new States can be formed, and
ridicules the idea that the law of 1859
is sufficient to enable Southern Cali
fornia to knock at the doors of Con-
gress and obtain statehood. We are
not insistant upon this point nor do
we think that it makes any difference
whether that old law would subserve
the purpose or not. When this part
of the State is ripe for division, it will
be secured, g = il iiot o. with that law, then
with one that will prove effective.
"Eex's" argument, as legal PROPOSE
ton, is sound enough. The State APP
plying to Congress for admission must
go there with an organization as
complete as possible. 1t cannot
go there with a perfect organization,
for in order to do so it would be re-
quired to have full set of State Off
GERS legally qualified. This cannot be
done, for such election could not be
held until after all the State machin-
cry had been provided for by the Con-
stitution OF the new State. Our cor
respondent will doubtless reply that
all this could be provided for in the
State law authorizing separation-that
is, that the Stateslaw could authorize
the election prior to the application
for admission. But on the principles
of "Lex," the election of State officers
for the new State, would be soyer-
eign act, and no sovereign act could be
performed by an inchoate State !;
nor could one State pretend
to delegate such power to an
other State. All this, however,
can be effected in a regular way. AZ
ter the passage of the Legislative act
giving the consent of the State Of
California to division, convention OF
the separating counties would be held
and Constitution adopted. That
Constitution would provide for the
election of State officers, On the ad-
mission OF the new State by the act OF
Congress, these officers would become,
tpsO fdcfo, the Constitutional officers OF
the new State.
But it is beside our intention to go
into this detail. What we wish to say
is, that the southern part of this State
will be ripe for division, and strong
enough to compel it after the next
census has been taken. We shall then
have as large a representation in the
Legislature as the north has, exclusive
of San Francisco. 4 law authorizing
division can then be passed, and will
be, if our people are unit upon the
proposition then as they are now.
We repeat that the leading reason
why the State should be divided is
because Southern California depends
upon irrigation for its existence,
whilst the northern counties favor ri
parianism. There is no threat against
the vested rights of riparianists in di-
vision. We shall be enabled to pass
laws that will favor irrigation in its
largest sense in this section when we
have established our statehood. We
cannot do that now.
The remarks of "Lex" about the
harbor of Wilmington are not war
ranted. We have a harbor there now
which accommodates large class of
shipping. The depth of water at the
entrance is greater than either Charles
ton or Savannah has. tits hardy for any
one to assert that the work of creating
a harbor at that point is futile, in the
face of what has been accomplished.
Sixteen years ago, before the break
water was built, the bar at the en-
trance was within two feet of the sur
face. Now there is from fifteen to
seventeen feet, with nineteen and
over during the spring tides. SlIiffs and
scows could only enter the estuary be-
fore the work was commenced. Now
vessels OF over a thousand tons
burthen come in and discharge at the
wharves. During the fifteen years
that the work has been going on OF
creating harbor at San Pedro, not
once has Southwestern or any other
storm Substituted hillocks of sand
for late artificial channels" Nor is
there any probability that any such
thing will ever happen. The wonder
full success which has attended the
work of the Government in creating a
harbor at San Pedro justifies us in
saying that with very little further ex-
pcnditure we shall have as deep water
at the entrance as there is at San
Diego, and it is only a question of the
requirements of commerce as to the
amount OF shipping that can be ac-
commodated inside the harbor.
The strike OF employees on the sys-